BILL NUMBER: SB 666	CHAPTERED  09/27/00

	CHAPTER   713
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 21, 2000
	AMENDED IN SENATE   JANUARY 13, 2000
	AMENDED IN SENATE   APRIL 27, 1999

INTRODUCED BY   Senator Sher

                        FEBRUARY 24, 1999

   An act to amend and repeal Section 2796 of, and to add and repeal
Section 2796.5 of, the Public Resources Code, and to repeal Section 3
of Chapter 1094 of the Statutes of 1993, relating to mining.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 666, Sher.  Surface mining and reclamation:  deposit of federal
funds: expenditures.
   The existing Surface Mining and Reclamation Act of 1975
establishes a state abandoned minerals and mineral materials mine
reclamation program for the purpose of administering funds received
by the state under the federal Surface Mining Control and Reclamation
Act of 1977, or through amendments to specified federal general
mining laws.
   This bill would permit funds appropriated by the Legislature to be
used for the state abandoned minerals and mineral materials mine
reclamation program. The bill would make related conforming changes.

   The bill would also, until January 1, 2003, permit the Director of
Conservation to remediate or complete reclamation of abandoned mined
lands that meet specified requirements and to make the costs of
remediation a lien on the affected property.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2796 of the Public Resources Code is amended to
read:
   2796.  (a) The Legislature hereby establishes a state abandoned
minerals and mineral materials mine reclamation program for the
purpose of administering funds received by the state under the
Surface Mining Control and Reclamation Act of 1977, or through
amendments to the federal general mining laws (30 U.S.C. Secs. 1,
12A, 16, 161, and 162, and 602, et seq.) or from other funds
appropriated by the Legislature for the purposes of paragraphs (1)
and (2) of subdivision (b).
   (b) There is an Abandoned Mine Reclamation and Minerals Fund in
the State Treasury.  That fund is the depository for all moneys
received pursuant to this section.  The money in the fund may be
expended, upon appropriation, for the following purposes:
   (1) Development of an inventory of mined lands, water, and
facilities eligible for reclamation.
   (2) Establishment by the director of an abandoned minerals and
mineral materials mine reclamation program that provides for any of
the following:
   (A) (i) Reclamation and restoration of abandoned surface mined
areas.
   (ii) For purposes of this subparagraph, "abandoned surface mined
area" means mined lands that meet all of the following requirements:

   (I) Mining operations have ceased for a period of one year or
more.
   (II) There is no interim management plan in effect that meets the
requirements of Section 2770.
   (III) There are no approved financial assurances that are adequate
to perform reclamation in accordance with this chapter.
   (IV) The mined lands are adversely affected by past mining of
minerals, as defined in Section 2005.
   (B) Reclamation and restoration of abandoned milling and
processing areas.
   (C) Sealing, filling, and grading abandoned deep mine entries.
   (D) Planting of land adversely affected by past mining to prevent
erosion and sedimentation.
   (E) Prevention, abatement, treatment, and control of water
pollution created by abandoned mine drainage.
   (F) Control of surface subsidence due to abandoned deep mines.
   (G) The expenses necessary to accomplish the purposes of this
section.
   (3) To the extent those expenditures are allowed by the applicable
statutes:
   (A) Grants to lead agencies for the purposes of carrying out this
chapter.
   (B) Implementation of this chapter and Section 2207 by the
department, which may include an offsetting reduction in the amount
of reporting fees collected from each active and idle mining
operation and deposited in the Mine Reclamation Account pursuant to
subdivision (d) of Section 2207, as determined by the director.
   (c) The state abandoned minerals and mineral materials mine
reclamation program may receive funds from all of the following:
   (1) Disbursements made by the United States each fiscal year to
this state pursuant to Section 35 of the Mineral Lands Leasing Act
(30 U.S.C.  Sec. 191), with respect to royalties levied on the
production of locatable minerals or mineral concentrates from any
mining claim located on federal lands in the state, but excluding
oil, gas, and geothermal revenues.
   (2) Other revenues that may be received, including, but not
limited to, grants, royalties, donations, penalties, settlements, or
gifts, or funds appropriated by the Legislature.
   (d) The federal funds specified in paragraph (1) of subdivision
(c) do not include the funds deposited in the Surface Mining and
Reclamation Account pursuant to Section 2795, the funds deposited in
the Geothermal Resources Development Account pursuant to Section
3820, or the funds deposited in the State School Fund pursuant to
Section 12320 of the Education Code.
   (e) The expenditure of funds from the Abandoned Mine Reclamation
and Minerals Fund for the abandoned minerals and mining materials
mine reclamation program shall reflect the following priorities :
   (1) The protection of public health and safety and the environment
from the adverse effects of past minerals and mineral materials
mining practices.
   (2) The protection of property that is in extreme danger as a
result of past minerals and mineral materials mining practices.
   (3) The restoration of land and water resources previously
degraded by the adverse effects of past minerals and mineral
materials mining practices.
   (f) Proposed expenditures from the Abandoned Mine Reclamation and
Minerals Fund for the purposes of the abandoned minerals and mining
materials mine reclamation program shall be included in a separate
item in the Budget Bill for each fiscal year for consideration by the
Legislature.  Each appropriation from the fund shall be subject to
all the limitations contained in the Budget Act and to all other
fiscal procedures prescribed by law with respect to the expenditure
of state funds.
  (g) This section shall remain in effect only until January 1, 2003,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2003, deletes or extends that date.

  SEC. 2.  Section 2796.5 is added to the Public Resources Code, to
read:
   2796.5.  (a) The director, with the consultation of appropriate
state and local agencies, may remediate or complete reclamation of
abandoned mined lands that meet all of the following requirements:
   (1) No operator having both the responsibility and the financial
ability to remediate or reclaim the mined lands can be found within
the state.
   (2) No reclamation plan is in effect for the mined lands.
   (3) No financial assurances exist for the mined lands.
   (4) The mined lands are abandoned, as that term is used in
paragraph (6) of subdivision (h) of Section 2770.
   (b) In deciding whether to act pursuant to subdivision (a), the
director shall consider whether the action would accomplish one of
the following:
   (1) The protection of the public health and safety or the
environment from the adverse effects of past surface mining
operations.
   (2) The protection of property that is in danger as a result of
past surface mining operations.
   (3) The restoration of land and water resources previously
degraded by the adverse effects of surface mining operations.
   (c) The director may also consider the potential liability to the
state in deciding whether to act under this section.  Neither the
director, the department, nor the state, or its appointees,
employees, or agents, in conducting remediation or reclamation under
this section, shall be liable under applicable state law, and it is
the intent of the Legislature that those persons and entities not be
liable for those actions under federal laws.
   (d) (1) The remediation or reclamation work performed under this
section includes, but is not limited to, supervision of remediation
or reclamation activities that, in the director's judgment, is
required by the magnitude of the endeavor or the urgency for prompt
action needed to protect the public health and safety or the
environment.  The action may be taken in default of, or in addition
to, remedial work by any other person or governmental agency, and
regardless of whether injunctive relief is being sought.
   (2) The director may authorize the work to be performed through
department staff, with the cooperation of any other governmental
agency, or through contracts, and may use rented tools or equipment,
either with or without operators furnished.
   (3) In cases of emergency where quick action is necessary,
notwithstanding any other provision of law, the director may enter
into oral contracts for the work, and the contracts, whether written
or oral, may include provisions for the rental of tools or equipment
and in addition the furnishing of labor and materials necessary to
accomplish the work.  These emergency contracts are exempt from
approval by the Department of General Services pursuant to Section
10295 of the Government Code.
   (4) The director shall be permitted reasonable access to the
abandoned mined lands as necessary to perform any remediation or
reclamation work.  The access shall be obtained with the consent of
the owner or possessor of the property or, if the consent is withheld
or otherwise unobtainable, with a warrant duly issued pursuant to
the procedure described in Title 13 (commencing with Section 1822.50)
of Part 3 of the Code of Civil Procedure.  However, in the event of
an emergency affecting the public health or safety, the director may
enter the property without consent or the issuance of a warrant.
   (e) For any remediation or reclamation work accomplished, or other
necessary remedial action taken by any governmental agency, the
operator, landowner, and the person or persons who allowed or caused
any pollution or nuisance are liable to that governmental agency to
the extent of the reasonable costs actually incurred in remediating,
reclaiming, or taking other remedial action.  The amount of the costs
is recoverable in a civil action by, and paid to, the governmental
agency and the director to the extent of the director's contribution
to the costs of the remediation, reclamation, cleanup, and abatement
or other corrective action.
   (f) (1) The amount of the costs constitutes a lien on the affected
property upon service of a copy of the notice of lien on the owner
and upon the recordation of a notice of lien, which identifies the
property on which the remediation or reclamation was accomplished,
the amount of the lien, and the owner of record of the property, in
the office of the county recorder of the county in which the property
is located.  Upon recordation, the lien has the same force, effect,
and priority as a judgment lien, except that it attaches only to the
property posted and described in the lien.  The lien shall continue
for 10 years from the time of the recording of the notice of the lien
unless sooner released or otherwise discharged, and may be renewed.

   (2) Not later than 45 days after receiving a notice of lien, the
owner may petition the court for an order releasing the property from
the lien or reducing the amount of the lien.  In this court action,
the governmental agency that incurred the costs shall establish that
the costs were reasonable and necessary.  The lien may be foreclosed
by an action brought by the director, for a money judgment.  Money
recovered by a judgment in favor of the director shall be used for
the purposes of this chapter.
   (g) If the operation has been idle for more than one year without
obtaining an approved interim management plan, an application for the
review of an interim management plan filed for the purpose of
preventing the director from undertaking remediation or reclamation
of abandoned mined lands under this section shall be voidable by the
lead agency or the board upon notice and hearing by the lead agency
or the board.  In the event of conflicting determinations, the
decision of the board shall prevail.
   (h) "Remediate," for the purposes of this section, means to
improve conditions so that threat to or damage to public health and
safety or the environment are lessened or ameliorated, including the
cleanup and abatement of pollution or nuisance or threatened
pollution or nuisance.
   (i) "Threaten," for the purposes of this section, means a
condition creating a probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take action
to prevent, reduce, or mitigate damages to persons, property, or the
environment.
   (j) This section shall apply to abandoned mined lands on which the
mining operations were conducted after January 1, 1976.
   (k) The director may act under this section only upon the
appropriation of funds by the Legislature for the purposes of
carrying out this section.
   (l) Nothing in this section limits the authority of any state
agency under any other law or regulation to enforce or administer any
cleanup or abatement activity.
   (m) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2003, deletes or extends that
date.
  SEC. 3.  Section 3 of Chapter 1094 of the Statutes of 1993 is
repealed.
  SEC. 4.  It is the sense of the Legislature that a significant
barrier to the reclamation and remediation of abandoned mine sites is
the threat of federal liability under the Clean Water Act (33 U.S.C.
Sec. 1251 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.), and the Resource Conservation and Recovery Act (42 U.S.C. Sec.
6901 et seq.).  The Legislature calls upon the Governor to promote
Good Samaritan legislation that will change federal law to provide
liability relief to the state, its contractors, and others for
completing reclamation or remediation work, or both, on abandoned
mine sites.
